Breaking a Lease in California
When signing a lease agreement, the intention of the tenant should be to commit to stay for the entire duration of the lease period. However, unforeseen circumstances do happen that result in the lease being terminated.
So what happens when you find yourself in this situation?
These questions will be covered in this article. It will serve you well to know the consequences of your actions before you actually break a lease. This way, you are guided on what the best course of action is to take.
Breaking a Lease
Signing a lease and then breaking it can have a negative impact on a tenant. For one, they can be subjected to a lawsuit and summoned in court.
Additionally, their credit score will suffer and there’s the possibility of them losing their entire security deposit or a percentage of it.
Renters Rights & Responsibilities When Signing a Lease in California
Even if there are reasonable grounds for an eviction, landlords are discouraged from engaging in the following behaviors:
- Cutting off a tenant’s sources of utilities such as electricity and water.
- Changing locks to stop the tenant from entering the premises.
- Taking down doors, windows, or walls to prevent tenant access. A landlord can only perform such acts if they are conducting property repairs and maintenance.
The California landlord must follow specific eviction protocols before he or she can file a lawsuit against the tenant. They must send a 3-day notice to the tenant who fails to pay the due rent on time. This informs the tenant to pay within the prescribed time or leave the rental unit. If the tenant is found to engage in an illegal activity, the landlord may send an unconditional quit notice giving the tenant 3 days to move out from the premises.
In California, a week-to-week lease entitles the tenant to a 7-day written notice from the landlord. For a
month-to-month lease, the tenant is entitled to a 30-day written notice. Fixed end date leases do not require any notices and shall terminate on the date stated in the lease.
Tenant Rights and Duties When Signing a Lease in California
Under California laws, landlords must comply with the
eviction process. If a tenant fails to pay the monthly rent, a 3-day notice to leave the property or pay the rent will be issued. If the tenant is still unable to pay within the set 3 days but does not move out, the landlord may proceed to file an eviction lawsuit.
How to Legally Get out of a Lease
1. California laws have clear guidelines about what constitutes a standard dwelling. Failure to comply allows the tenant to be “constructively evicted.”
An acceptable dwelling must have effective waterproofing and weather protection of roof and exterior walls. Plumbing must meet standards and be kept in excellent condition. A water supply must also be able to provide hot and cold running water. Heating facilities and electrical lighting must also adhere to State standards.
2. When a tenant suffers from landlord harassment and their privacy is invaded.
In California, landlords are required to give their tenants a
notice period of 24 hours before entering the rental unit. If this is not followed then breaking a lease is legally permissible. Additionally, if a California landlord shuts off utilities and removes parts of the property such as doors and windows, this qualifies as harassment. The tenant is relieved from his or her obligation upon experiencing this under the hands of a California landlord.
3. When a tenant is a victim of domestic violence, sexual assault, stalking, or elder abuse.
A tenant is protected by a special rental provision as a victim of domestic violence. Here are California statutes to guide landlords:
- Protection from Termination
Landlords are not allowed to end a lease or refuse a rental application because a tenant is a victim of domestic abuse.
If the tenant who’s a domestic violence victim asks the landlord to change the locks but the landlord was unable to do so, the tenant is permitted to change the locks themselves.
In California, a landlord is entitled to verify the domestic violence claim and can request a tenant to submit proof. The tenant must provide a restraining order copy, emergency protective order, and a police report together with the notice to terminate the landlord. Submission must be done within 180 days from the issue order date.
Landlord’s Duty to Find a New Tenant
In California, the laws are more favorable to tenants when it comes to breaking a lease. Landlords are instructed to be proactive in re-renting their property when a current tenant breaks the lease.
If a new tenant is confirmed then the previous one is no longer liable to pay their due rent for the remainder of the tenancy. A tenant will only be accountable to pay for the gap period if a landlord is not making any income before they find a new tenant.
Bottom Line: How to Break a Lease in California
Even if the California laws favor tenants, it does not excuse a tenant from their responsibilities. If a landlord is unable to find a new quality tenant then the old one still has financial liabilities.
Caveat: This blog should not be used as a substitute for legal advice from a licensed attorney in California. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
